Mark Miller

Senior Attorney Florida

Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. Mark’s practice focuses on property rights, environmental law, administrative law, and the separation of powers.  CBS This Morning, Fox & Friends, The Wall Street Journal and National Public Radio (NPR) have all featured his work, and he appears regularly on SiriusXM Radio‘s daily Morning Briefing with Tim Farley show on the POTUS channel to discuss the news from the Supreme Court of the United States.

A board-certified expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves on the Boards of Directors for Americans United for Life, the Martin County Legal Aid Society, and Florida’s Fourth District Court of Appeal Historical Society. He is a former President of the Martin County Bar Association, and he currently serves as the President of the Palm Beach Lawyers’ Chapter of the Federalist Society. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission; in 2019, Florida’s 19th Judicial Circuit Chief Judge Elizabeth A. Metzger appointed him to the circuit’s Professionalism Panel Executive Board.

He attended college and law school at the University of Florida, earning both diplomas with honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and he served as lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, an 8-0 win for the property owners before the nation’s highest court.

Mark and his wife Mindy, a Catholic high school assistant principal, live in Port St. Lucie. They have four children.

Seider v. City of Malibu

Property rights on the line in family’s battle for beachfront signage

Dennis and Leah Seider simply want to alert beachgoers to where the public right of access to the beach ends, the Seiders’ private Malibu property begins, and the way to the nearby public beach. Their best hope to protect their property rights and avoid potential confrontations with beachgoers would be a sign. But that hope faded when they le ...

Shands v. City of Marathon

Government takes family’s land and uses gimmicks to avoid paying for it

The Shands family has owned Shands Key, a small Florida island, since the 1950s. Purchased by World War II surgeon and Mississippi hospital owner Dr. R.E. Shands, the island was originally zoned for residential use and could have been developed with at least seven homes. Today, however, government regulations designed to protect the environment pro ...

Ramirez et al. v. Lamont et al.

Connecticut nail salon owner fights for fair treatment under “shutdown” orders

In early March 2020, Luis Ramirez closed his Hartford, CT, nail salon, following Gov. Ned Lamont’s executive orders for statewide shutdown due to the COVID-19 pandemic. Luis and his wife, Rosiris, have since struggled to earn income and pay rent on their salon. When Luis and Rosiris thought they’d be able to reopen on May 20, they scrap ...

Pavlock v. Indiana

Family sues to stop Indiana’s beachfront land grab

The Pavlock family has owned property along Indiana’s Lake Michigan shoreline for generations. Last year, a ruling by the Indiana Supreme Court redefined state law to move lakefront owners’ property lines from the water’s edge or below to the lake’s ordinary high-water mark, turning large swaths of private beach into public ...

Erica Perez Perez v. Wayne County

Family fights home equity theft to protect the American Dream

Though Erica Perez and her family spent most of their lives in New Jersey, they had their sights set on Detroit to join their relatives who already lived there. In 2012, Erica and her father Romualdo bought a property containing a four-unit apartment building and a dilapidated single-family home in Detroit for $60,000. They spent three years fixing ...

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

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September 24, 2020

The Daily Caller: The new champion of private property rights is … Barack Obama?

According to recent media reports, former President Barack Obama and his longtime colleague Marty Nesbitt want a 100-year-old sea wall rebuilt and fortified to protect a planned Hawaii retreat for both of them. Cue the objections from Obama's critics — but in this case, the critics are many of the former president's avid supporters in ...

August 27, 2020

Governor Cuomo’s quarantine exemption for MTV reveals problems with giving governors unchecked power during COVID-19

In June, due to the COVID-19 pandemic, New York Gov. Cuomo began issuing big fines—up to $10,000—against New Yorkers and New York visitors who travel out of state to COVID-19 hotspot states but refuse to quarantine for two weeks after arriving in New York. Yet despite Cuomo's quarantine order, the state announced this week that ...

August 06, 2020

Townhall: Congressional and state efforts to reform doctrine of Qualified Immunity underway

The killing of George Floyd in Minneapolis over Memorial Day Weekend sparked protests and nationwide discussions of race, police abuse and criminal justice reform — a discussion that has yet to abate. His tragic death also renewed focus on a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used a ...

June 09, 2020

Qualified immunity is a blank check for government overreach

The killing of George Floyd has sparked protests and discussions of race, police abuse, and criminal justice reform across the country. George Floyd's killing has also sparked discussions of a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used as a legal defense to violate people's rights. For d ...

April 14, 2020

Florida deems WWE ‘essential’ and shows the danger of unchecked government during COVID-19

Today the governor of Florida and mayor of Orange County* have deemed professional wrestling (Hulk Hogan et al.) to be an "essential activity," allowing it to go forward despite government orders to shelter in place for the rest of us. Floridians do not like the smell of what these Florida politicians are cookin'. Aside from ...

April 10, 2020

Are quarantine orders constitutional?

The question on many minds during our time of quarantine: How far can state government officials go in curtailing constitutional rights like the freedom of association, free exercise of religion, and right to travel among and between the states, in service to public safety by reducing the spread of the coronavirus? The courts have been ...